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*NEW FILE*
ADULT ENTERTAINMENT
SUBFILE
owinANCE No. 1870
AN ONDIMANCE ON TOM CITY OF NEMPORT BEACH
ADDING CHAPTSR 20.74 TO THE NENPORT ➢GCE
MUNICIPAL CODE REGULATING ADOI7f ENTERTAIN-
, NOT BUSINESSES
The City Council of the City of Newport Beach DOE$
ORDAIN as follows:
SECTION 1. Chapter 20.74 ie hereby added to the
Newport Beech Municipal Code to read As followsr
•CRAPTRR 20.74
ADULT ENTERTAINMENT BUSINESSES
Sections.
20.74.010 Intent.
20,74.020 Definitions.
2D.74.030 Special Regulation..
20.74,040 Development Standsrde.
20.74,050 Severability.
20.74.010 Intent. The City Council of the City of
Newport Beach finds that adult entertainment bummer...,
as defined in this Chapter, because of their very
nature, have certain adverse impacts on adjoining
areas. The adverse impacts on adjoining areas are (1)
the relocation of existing commercial/reoldantlal uses
because of a fear on the pact of the property ownare
that establishment of each a business is indication of a
downgrading of that aeoar (2) a decrease in property
CAvalues
in adjoining areas because of the increase in
crime, relocation of existing businesses and overall
deterioration of the noighboxb.da occasionad by much a
user (3) an I .... &me in crime, especially Sex -related
goofinesse, in the immediate vicinity of such a uaei (4)
Deterioration of the physical condition of structures
near such a use because of the fear of property owners
that establishment of such a business is a signal that
the economy of the neighborhood Is unstable and the con-
sequent reluctance to invest in ouch properties.
The City Council further finds that a requirement
that Bush businesses be located more then 500 feet from
residential areas will tend to mitigate: and possibly
avoid: the adverse impact. associated with adult enter-
tainment entezpriees.
20.74.020 Definitions. As used in this Chapter,
the following terms shall beve the ...rings indicated:
A. Adult Bookstore. An establishment having .8 A
substantial or significant portion of its atocW in
trade, book., .aga.ino. and other periodicals which are
distinguished or characterized by their emphasis on
manse depicting, d... ribing or relating to 'specified
sexual activities' or 'specified anatomical arose' or an
establishment with a segment or section devoted to the
sale or display of such material..
B. Adult Notion Picture Tbeater. An enclosed
building with a capacity of So or coca persona used for
presenting matgxlal distinguished or characterized by
their emphasis on matter depicting, describing or
relating to 'specified sexual activielss' or 'specified
anatomical areas' for observation by patron$ therein.
Page 2
C. Adult Mini -Motion Picture Theater. An enclosed
building with a capacity foe lees than SS persona used
go for presenting material distinguished or characterised
by an emphasis on matter depleting or relating to
'specified sexual activities' or 'specified anatomical
areas' for observation by patrons therein.
D. Adult Octal or Motel. A hotel or motel wherein
material is presented which is distinguished by an
emphasis on matter depicting, describing or relating to
'specified sexual activities' or 'specified anatomical
areas.'
a. Adult Motion Picture Arcade. Any place to which
the public le permitted or invited wherein coin- or
• slug -operated or electronically, electrically or mechan-
ically controlled still or motion picture machines, pro-
jectors or other image -producing devices are maintained
to show images to five or fewer persona per machine at
any one time, and whet. the images so displayed are dis-
tinguished or characterised by an emphasis on depicting
or describing 'specified sexual activities' or '.pool -
fled anatomical arena.'
F. Cabaret. A nightclub, theater or other eatae-
liahmont which features live performances by replace
and/or bottomless dancers, 'go-go' dancers, exotic
dancers, stclppors, or similar entertainers, where ouch
performances are distinguished or characterized by an
emphasis on 'specified sexual activities' or 'epeolfied
anatomical areas.'
d. Medal Studio. Any bueinesa whore far any form of
consideration or gratuity, figure models who display
'specified anatonical areas' are pzovided to be
observed, sketched, drawn, painted, sculptured,.
photographed, or similarly depleted by persons paying
such consideration of gratuity.
H. Sexual encounter Centers Any business, agency or
pare.. who, for any form of consideration or gratuity,
provides a place where three or more pexzons, not all
members of the dame family, may congregate, assemble or
associate for the purpose of engaging in 'specified
.usual activities' or oxp.eing 'epeclfi.d anatomical
areas.'
I. My other business or establishment which offers
40 its patron. service. or entertainment characterized by
an emphasis on matter depicting, describing or relating
to specified sexual activities' oc 'specified anatomi-
cal area.'
J. Specified Sexual Activities.
1. Actual or simulated intercourse, oral
copulation, anal intercourse, oral anal copulation,
beastlallty, direct physical stimulation of
unclothed genitals, flagellation or torture in the
context of a sexual relationship, or the us. of
excretory functions in the context of a sexual
• relationship, or any of the following depicted
sexually oriented acts or conducts Analingue,
buggery, coptophagy, aoprophilia, ctnnilingus,
Page 3 I Page 4
0
0
•
fellatio, necrophilia, pederasty, pedophllia,
piyuerlem, Sapphis-, zoscrasty, or .
2. use of human or animal masturbation, sodomy,
oral copulation, coitus, ejaculation, or
3. yondling or touching of nude home- genitala,
pubic region, buttocks or female breasts, or
a. Masochism, erotic or sexually oriented
torture, beating or the infliction of pain, or
S. geode or lewd touching, fondling or other
contact with an animal by a human being, or
6, n... a excretion, urination, menstruation,
vaginal or Anal irrigation.
E. B e.lfied Anetami.el Are--'
1. Leas than ComplCtlY covered (a) human
genital., pubic region, (2) buttock, and (3) female
breast below a point immediately above the top of
the ...ols, and
2. Clearly depicted human genitala in A state of
sexual stimulation, arousal or tumescence, or human
.,,la genitals in a discernibly turgid Rate. even
if completely and opaquely covered.
L. Establishment. The 'oetabllehnent' of any 'adult
entertainment business' shell include the opening of
Page 5
such a business as a new business, the relocation of
is ouch business, the conversion of an existing business
location to any 'adult entertainment business' use, the
expansion of any existing business, the alteration or
enlargement of any existing business, or any of the uses
within ouch a business, or any addition to existing uses
within an existing business.
20.74.030 Special Fv9uI-tlo-e. Vasa-1... Wed
herein an 'adult entertainment bu-Snesaec' -hall be
permitted in the C-D, C-1 C-2 Districts and commercial
areas of P-C District.. In thee. districts it shall be
unlawful to establish any such 'adult entertainment
business' if the location Lai
A. within 500 fact of the boundary of any [eaidan-
tlaldistrict as shown on the City of Newport Beach
districting map or within 500 feet of any residential
use,
➢. within 1000 feat of any that 'adult enter-
taingent business', or
C. within 1000 foot of any Ishii. or private
school, park, playground, civic or cultural building,
-hutch or beach,
D. waiver of Location., Provisions.
' 1. Any property owner or his authorized agent
• may apply to the Planning Commission for a waiver
Of any locational provision. contained in this
Page 6
Section. The Planning Commi'eion, after A public
hearing, may waive any locationel provision, if the
following findings are made,
a. That the proposed use will not be con-
trary to the public interest or Injurious to
nearby properties. and that the spirit and
intent of this Section will be ab.erveds
b. That the proposed use will not enlarge
or encourage the development of a 'skid row'
area)
c. That the establishment of an additional
regulated use in the area will not be contrary
• to any program of neighborhood ....otvation nor
will It interfere with any program of urban
renewal,
d. That all applicable regulations of this
Code .111 be observed.
2. The procedure for this public hearing shall
be as set forth in Section 20.80.050)B) of the
Newport Beach Municipal Code, with the same tight
of appeal as provided in Section 20.00.070 of this
Cade.
M. In addition to the land use controls and
restrictions as oat forth in this Cheptet, all other
restrictions, controls and eogulationo established In
Page 7
Title 20 of this code shall apply to the land uses that
are the subject of this Chapter.
P. haortiratlon. My adult ontoreaine-At
buoine.s, as defined in thin Chapter, in existence as of
the effective date of this Ordinates, and which has been
determined to have a legal, nonconforming statue, 'bell.
within three years after the data of this ordinance,
terminate all aspects of Curb business not in compliance
with the provision' of thin Chapter.
20.74.040 oovelocment Standards. The following
development standards shall apply to all 'adult enter-
tainment businesses' in the City,
A. off-atr.et parking shall be provided in aecot-
denee with Section 20.30.035(B) of the Newport Beach
Municipal Code.
B. All sign. shall conform to Chapter 20.06 of the
Newport Beach Municipal Code.
C. The interior of any bookstore shall be ade-
quately lighted and constructed so that every Potelon
thereof is readily visible to the Clark or other super-
visory personnel from the Counter or other regular sta-
tion.
0. Lobby and entrance areas 'ball be designed ae
• as to minimise abet... tin. of sidewalks during operating
hours.
E. Advertisements, displays# or other promotional
material. shall not be shown or exhibited so as to be
v islble to the publio, from pedo.trian aid ... Ike or
walkways, or from other area. public or eemip.bll., and
such display. shall be considered signs.
20.74.050 Bevcrability. If any provision or
clause of this Chapter or the application thereof to any
parson or circumstance is held to be unconstitutional or
otherwise invalid by any court of competent jutisdic-
tion, such invalidity shall not effect other provisions
or miscues ar applioetione of this Chapter which can be
Implemented without the invalid proviaion, clause or
applioetione and to this end, the provisions of this
Chapter are declared to be severable."
40 SECTION 2. This ordinance shall be published once In
the official newspaper of the City and the acme shall be effac-
tive thirty (30) days after the data of Its adoption.
This ordinance was introduced at a regular meeting of
• the City Council of the City of Newport Beach hold on the 27th
day of Octobece 1980, and was adopted on the laN day of
November, 1900, by the following vote, to wit,
F1
AYES, COUNCILMEN
NOES, COUNCILMEN,
ABSENT COUNCILMEN
ATTEST ,
c cyC er
•� 1
peameennewe,Newaswud C J
awe110'/ 3 0 19N1
Page 9 I 1 page 10
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111080
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BRDINANCB NO. 66-.L
• AN OM114AME OF ME CITY COUNCIL OF ME CITY OF
NEWPORT BRACH AMENDING AND READOPTING CHAPTER
20.74 OF TIME NEWPOAT BEACH MUNICIPAL CODE
PERTAINING TD ADULT ENTERTAMhmNNT BUSINESSES
(Planning Commission Amendment No. 656).
Senile. 1. The City Council of the City of Newport
Beech doe. hereby Ordain on follower
Seetiooes
20.74.010 Intent.
20.14.000 Datinitloas.
20.14.000 Special Restrictions.
g0.T4.Rg Development Standards.
IS.T4.05 3 ver.bllity.
00.74.010 Ltest. The City Council of the City of
Newport Beach finds that adult entertal meant bu.Inessess as
defined in this Chapters because of their very natures have
certain harmful secondary effects on the community. The harmful
secondary effects on the community sees
A. The toleration of existing
• commar.IsI/,o.IdentI.I uses because of . fear on the part of the
property owners that establishment of such a business to Am
Indloatlon of a downgrading of that area; and
D. A derre.se In property values In adjoining
areas because of the Increase In crimes relocation of existing
business.. and overall deterioration of the neighborhoods
occasioned by such a user and
C. An Increase In crimes especially sax -related
Off .... a, in the Immediate vtotally of such a user end
D. Deterioration of the Physical condition of
structures near such a use because of the fear of property owners
that establishment of au.h a business is a signal that the
economy of the neighborhood Is unstable and the consequent
• raluetence to I ... at In such properties, and
B. Cltlmens In areas surrounding adult
entertainment businesses are subjected to Increased urban blight
and deer ahead q.still of life, and
no
P. Substantial numbers of adult notarial bent
businesses are associated with unlawful sexual eotivitles such as
prostitution.
The City Council further finds that the restrictions and
• development standards contained In this Ordinance will tend to
mitigates and possibly avoido the harmful secondary effects on
the community associated with adult material bent businesses.
The City Council further Linde that the primary purpose
In adopting thin Ordinance Is the =alteration of harmful
secondary affects no the cmaremity.
The City Council further finds that restrictions and
development standards contained In this Ordinance ate unrelated
to the suppression of free speech and do not limit access by
adults to materials with First Amendment protection.
20.74.620 Definitions. As used in this Chapters the
following terms shell here the maaninga Indicated,
A. "Adult Bookstore" means an establishment which
la ehsractarized by their emphasis he the hole or display of
• books, megaslnea and other periodicals depleting, deherlbinff or
relating to saponified sexual activities" or "specified
anatomical areas-.
S. "Adult Entertainment Business" means any of the
foll.wingr
1. "Adult bookstore" as defined In Subsection
A; or
1. "Adult hotel or Metal" as defined in
Subsection Cl or
d. "Adult Mint -Motion Picture Theater" as
defined In Subsection D; or
4. "Adult Motion Picture Arcade" as defined
In Subsection Bi or
5. "Adult Motion Picture Theater" as defined
• in Renovation P; or
-1-
If-
S. "Cabaret" a$ defined In Bob ... Ilan Or or
y. "Model Studio" as defined I. Bob ... lion MI
or
S. "Sexual Encounter Center" as defined In
An Sub.eatlon It or
g. Any other business or establishment which
offers Its patron. services or entertainment characterized by an
empha.l" on =list depicting, describing or relating to
".pacified sexual activities" or "specified anatomical areas."
C. "Adult Hotel or Motel" mean. a hotel or motel
characterized by their emphasis on the presentation of meterlal
depicting, describing, or relating to "specified sexual
activities" or "Specified anatomical areas".
D. "Adult Minl-MotlOn picture Theater" meane en
oral ... d building with a capacity for leas than fifty (50)
persons characterized by their emphasis on the presentation of
material depleting, describing or relating to "specified ...net
activities" or ".pacified anatomical areas" for observation by
patron$.
E. "Adult Mail.. picture Arced." means any place
to which the publle le permitted or Invited whleh Is
characterized by their emphasis on providing col.- or slug -
operated or eI.ctro.l..Ily, eleetrleally, or mechanically
controlled still or motion picture machines, projectors or to.,
Image -producing devices that are maintained to Show Imegea to
five (S) or fewer persons per machine at any one (1) time, and
display Images depicting, desarlbing, or relating to "specified
sexual .etivlties" or aspecified anatomical areas".
F. "Adult Motion Picture Theater" means en
enclosed building with . capacity of fifty (30) or more persons
which is characterised by their emphasis on the presentation of
•
•
-J-
materiel depleting, describing or relating to '.Pacified sexual
aetivltlea• ar "specified ... tomlc.l areas" for observation by
patron. Octal..
0. "Cabaret* means a nightclub, theater or other
• en tabllehmenl characterised by their .,best. on featuring live
performances by topless And/or bottomla.. dancer., "go-go"
dancers, exotic dancers, .trippers, or similar entertainers,
where Such performances depict, deecrlbe or relate to "Specified
sexual activities" or ".pacified anatomical .fees".
It. "Model Studio" means any business characterized
by their emphasis on providing for any form of consideration or
gratuity, figure models who display "specified anatomical areas"
to be observed, sketched, drawn, pointed, aculptured,
photographed, or similarly depicted by person. paying such
consideration or gratuity.
1. "Sexual Encounter Center" means Any business,
agency or persons characterized by their emphasis on providing
for any form of consideration or gratuity a place where three (31
• or more parson., not all members of the .ems family, may
congregate, assemble or associate for the purpose of engaging In
"specified sexual aetivltlea" or exposing "specified anatomical
u vas.•
J. "Specified Sexual Actlrltl es" ..nn
1. Actual or simulated Interceu ese, oral
....tell on, anal Intercouray. .1.1 anal copulation, beastiallty,
direct physical stimulation of unclothed Semite b, flagellation
or torture In the context of a sexual retell one hip, or the use of
excretory functions In the context of a sexual relationship,
S. Use of human or enamel masturbation,
sodomy, oral copulation, coitus, ejaculatlanl or
0. Fondling or touching of nude home.
genitals, puble region, buttock. or female breasts; or
•
-a-
•
•
a. Mssochtsm, erotic or sexually oriented
torture. besting or the infliction of paint or
S. gratin or lewd touching, fondling or other
contact with an animal by a bacon beingl or
a. Unman excretion, urination. mcnetruation,
vaginal or anal Irrigation.
X. •Specifled Anatomical Ares" menu
1. Lee than completely covered, (a) human
genitals, pubic region, (b) buttoek(e)t ad (e) female brest(a)
below a polar Immediately above the top of the areola, and
g. Clearly depleted hums. genitela In a state
of ...del .tlmul.tlon, arousal or tumescence. or human male
genitals In a disc. rattly turgid state, eve. If completely and
Opaquely covered.
L. Tha -establishment- of any "adult e.lertal nment
business" shall Include the opening of such a business as a new
business, the r.]... tion of such buslaee., or the conversion of
.n existing business location to any "adult entertainment
business" use, the expansion of any existing buelness, the
sit... it.. or enlargement of any existing buslnessp or any of the
ace within ...h a business, or any addition to existing uses
within an existing business,
29.70.030 Sceetal/Rastrlctiews.
A. Location Restrictions. Dee classified herein
as "adult entertainment business" shall be permitted In C-0, C-1,
C-g Districts nod commercial arose of P-C Districts. 1. in...
districts It shall be unlawful to establish any such "adult
entertainment buelness" if the location in
1. Within five -hundred (300) feet of the
boundary of ... assId.atlal district as show. oa the City of
Newport Beach districting map or within five -hundred (500) feet
of say residential use, ar
[J
•
C J
x. With]. one thou send (1000) feet of any
other "adult notarial ..at bell ... a"t or
d. Within one thousand (Ido.) test of any
Public or private school, park, playground, civl. or cultural
building, church or beach.
0. Waiver of Location Rcetelatione.
1. Any property owner or his authorised agent
my apply to the Planning Commission for a waiver of any location
restrictions contained In this Section. The Planning Comnlsslonr
after a public hearing, may Waive lay location restrletlan, If
all the following findings are model
a. That the proposed use will not be
contrary to the public Interest or Injurious to nearby
properties, and that the spirit and Intent of this SeOrlon will
be observed, and
In. That the proposed use will not
enlarge or encourage the development of an urban blight area, and
0. That the aItIbli-mbect of ao
additional regulated ueo In the area will not be contrary to any
program of neighborhood oonservatlon nor will It Interfere with
any program of urban renewal, and
d. That all applicable regulations of
the Newport Beach Municipal Code will be observed.
p. Th. procedure for the public hearing
.style, lunation restriction$ shall be a et forth 1. Section
00.30.050(B) of the Newport Beach Municipal Cod., with the soma
right of appeal as provided in Section 20.40.070 of this Cad-
-C. In addition to the lad use aontto]• and
roe trlatlons as set forth In this Chapter, all other
re.trictlous, controls and regulations established In Title 20 of
the Newport Beach Municipal Code shall apply to the lad uses
that are the subject of thin Chapter.
" D. Amortlsallo.. Any adult entartalomcnt
business, as defined In this Chapter, In existence as of the
effective data of this Ordinance, and which he. been determined
to he,. a legal, ..nconforming statul, shall, within three (0)
• years after the date of this Ordinance, terminate All aspects of
such bu.l... a out In amnpll&Oc* with the provisions of this
Chapter.
10.74.040 Develotmest Standards. The following
devclapment standards shell apply to ell "adult antortainmant
businesses" In the Cltyr
A. Off-street perking shell be provided in
accord.... with Section 00.00.000(B) of the Newport Beech
Municipal Code$ and
B. All signs shall conform to Chapter 10.06 of the
Newport Beach Municipal Codol and
C. The interior of any bucket*,. shell be
adequately lighted and constructed so that every portion thereof
Is readily visible to the *lark or other supervisory personnel
• from the counter or that regular station, and
D. Lobby and entrance areas should be designed so
as to minimize obstruction of sidewalks during operating hours)
and
1. Advertisement., displays, or other promotional
materials shall not be shown or exblbited an an to be visible to
the publle, from pedestrian sidewalk. or walkway-, or from other
areas public or semlpubllal and such displays shall be considered
a lens.
10.14.450 Swverabllite. If any p... Islas er clause of
this Chapter or the application thereof to any person or
els.mnst.nee Is held to be unconstitutional or otherwise invalid
by any court of competent Jurisdiction, such Invalidity shell not
affect other provision. or clauses or applications of this
• Chapter which can be Implemented without the Invalid provision,
-T-
clause or application$ and to this end, the provisions of this
Chapter are declared to be severable.
Section 1, The Meyer shall sign end the City Clark
shall attest to the passage of this Ordinance. The City Clark
• shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption.
Section 1r This Ordinance was Introduced at a regular
meeting of the City Council of the City of Newport Beech held on
the llth day of Lnuan , 1989, and adapted on the 15ch day
of January , 1080.
•
AYES, CWNCILMu808RS Car. U-t, Near"-
Ylerear, Saroane, Strauss, Turnaa
NDEB. WONCILMDNDER9
-g-
ORDINANCY NOe 93-23-
AY OBDIMMOR 0I TRY CITY COUNCIL OF THE CITY
OF smWRT mme ANNNDINO FICTION 20A4.020(H)
OR CYLPTIR 20.74 OR TEN NLNPORT BERCI
NDRIOIP COOK PWTAINIYD TO THH DEFINITION 07
NOORL NTDOIO.
The City Council of the City of Newport Basch does horaby
• ordain a. follow$,
FICTION 1, Section 20.74.020(H) of Chapter 20.74 of tho
Newport Beach Municipal Code is amended to road:
BoatiOA 20,74,020 Definitions.
(H) 'Model Studio^ seas the same an that term is defined in
Section 5.30.010(A) of Chapter 5.30 of this Cade.
NICTION is That if any section, .ubmati... .ante...,
clause Or phrase of this Ordinance is for any reason, hold to be
invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of tha remaining portions of this
Ordinance. no City Council hereby declares that it would have
passed this Ordinance, and each section, subsection, Clause or
phrase hereof, irrespective of the fact that any one or more
• section., subsmctione, sentences, clauses and phrases be declared
unconstitutional.
SECTION 31 no Nayar shall Sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the memo to be published once in the official newspaper of
the city, and It shall be effective thirty (30) days after its
adoption.
NNCTION 4, This ordinance was introduced at a regular
meeting of ft. city council of the City of Newport Beach, hold on
the Bth day of flan , 1992, and adopted on the 2M day of
June , 1992, by the following vote, to wit:
AYES, COUNCILMHMBHRB HEDGES. WATT.
• 1MUM. SANM. HART. COX, PHOPNA
NOW, COUNCIIA Bzn NCNB
ABSENT CODNCIINB)4BERS NTNE
/I/
OADIMAMCE Me 12-5D
AN OADIIDJHI or TdM CPfl COUNCIL OS Tffi CITY
OT MNNEOAT BRACM AMENDING CRnPTMR 20.7e OF M
n MINVIDAT ERACM NOMfCIPAL CODR.
no City Council of no City of Newport Beach does hereby
•ordain as foll-we:
RICTIOM it Sections 20.74.020 end 20.74.03D of Chapter 20.74 of
the Newport Beech Municipal Code Mall be emended to read as
full..:
-Chapter 20.7e
ADVIH ENTERTALdENT BU9INERRIs
20.74.010 Iotaut.
2D.74.020 Definiticas.
20.7e.030 Special lutrletiou.
20,74,040 Development standards.
20.74.045 prohibited 32tMlfmbmahts.
20.74.030 NoVemb111ty.
20.74.020 D.Elhltieas. A. used in tbis Chapter, the following
terms %hall have the m .zings indihated:
• A. "Adult Ent.rtalnnut Bmsdnema" moos any of the
folloving:
1. •Adult Bookstore- as defined in Subsection A, Bi or
2. "Molt Hotel or Motel" as defined in Subnction CI
or
3. "Adult Mini -Motion Plot=. Theater" ae defined in
Nube..tion DI
a. *Adult Motion Plature Arced." am defined in
Subsection MI or
5. "Adult Motion PSotur- Theater" as defined in
Subsection PI or
6. •Cabarat" a. defined In Subsection 01 or
• y. model Studio" an defined in Sub ... tic. It, or
e. "eoxual Encounter Center" as defined In Bubesoticn
It or
9. "Adult Novelty Stare• as defined in Subsection Jt or
10. "Adult Seal...." a. defined in Sub ... tion M.
1
B. "Adult Docket... m..ne an estMli.hoemt which is
characterized by their a ,bell- an the sale or display of books,
magazines and other periodicals depicting, describing or relating
to "epeclfled serual activities" or "specified anatomical areas."
•c. "Molt Moral or Motel" means a hotel or moral
chariutmcired by their emphasis on the presentation of material
depicting, describing, or relating to "apeclfied sexual Activities"
or "epoclfied anetohlcal ..a-."
D. "Adult Mini -Motion Plot=. Theater" --area an ---loud
building with a capacity for less than fifty (50) persons
mbar.-terised by their emphasis on the presentation of material
depicting. describing or relating to "specified sexual activities"
to "specified anatomical area." for ob.arvatiOn by patrons-
Z
. "Adult Motion Picture Arcade• aeons any place to which
cha public is permitted or invited Mich is characterized by their
• emphasis on providing coin -or slug -operated or electronically,
electrically, or ...h,,ically controlled still or motion Plotui-
machines, projectors or other Image-produoing devices that era
maintained to show images to five (5) or favor persons par machine
at any one (1) time, and display images depicting, describing, or
relation to "specified -usual activities" or "specified anatomical
areas."
F. "Adult Motion Picture Theater" ..an. en ..I ... a building
with a capacity of fifty (do) or Nora persons which is
characterized by their emphasis on the pr... ntatlon of materiel
depicting$ describing or relating to "specified sexual activities"
• or ..pacified anatomical roam" for observation by Perrone therein.
G. "cabaret" Neale a nightclub, theater or other
.Stablisbment characterized by their emphasis on Lsturing live
perforedurs- by toplass amVor bottomless d... sre, "goy-• demcare,
2
k '176
exotic dancers, strfpparm, or similar antertainers, what& such
performances cacur on a stage at least SO inches above the
immediate floor level and which is removed at least six (6) feat
from that nearest patron or guest, m:d vhlch performs..". depict,
describe or relate to "specified sexual activities" or "specified
• anatomical areas."
H. "Nodal Studio" means the ... as that term is defined in
Section 5.30.010(A) of Chapter 5.3D Of this Code.
1. "Sexual Macomber Cantor" means any buslneaa, agency or
persons characterised by their emphasis on providing for any face
of consideration or gratuity in a place vhere thre. (3) or more
p...no, not all members of the aama family, may congrsgat-,
assemble or associate for the purpose of engaging in "apacifi-d
sexual activities" or exposing "specified anatomical areas."
J. "Adult Novelty Stets" means on ..I ... d business or
• establishment union dedicatee more then ens - third of the tots'
floor etas to rhs sale or rant of msrah.ndi.. Or products
charecberlted by an emphasis on matter depicting, describing or
[.lath, re "specified ..roml activities" or "specified anatomical
areas."
X. "Adult business" means any business ectivlty, club or
other ..tmbli.hc.nt not otherwise defined in Sub ... tion A, 1
through 9 above, which permits its employees or any other parson on
its promises to exhibit any specified anatomical areas before any
other patron or vast, where the employee ar other person is
removed at least mix (6) feet free the nearest patron or West.
• L. "Specified Sexual Activities" .cane:
1. Actual or simulated intercourse, oral copulation,
anal intercourse, oral anal copulation,
beastiality, direct physical stimulation of
a
unclothed genitals, flagellation or torture in the
context of a msxmel relationship, or the use of
..=story feoctloss in the context of a sexual
M
relationship:
2.
us, of human or animal ...trrbation, -mousy, oral
copulation, coitus, ejaculationr Or
3.
•
Fondling or touching of nude human g-nitel-, pubic
region, buttocks or female brew tas or
6.
masochism, arotic or saxually-oriented torture,
basting Or the infliction of palm or
5.
Erotic or lewd touching, fondling or other contact
with an animal by a human being: or
6.
Human .-.ration, urination, construction, vaginal
or anal irrigation-
. "Specified Anatomical Areas" mammas
1. Twos than completely and opaquely covered, (a)
human ganitais, Pell. region$ (b) buttork(s)r and
• (0) female bremet(m) balm, a point immediately
above the top of the areolas and
2. clearly depicted human genitals in a state of
sexual stimulation, arousal or tumescence, or human
male genitals in a discernibly turgid state, .van
if completely and opaquely covered-
H. ns ".stmblimnment" of my "adult entertainment business"
ahell include the opening of much a bush... as a nav business, the
relocation of such business, or th. conversion of an existing
business location to any "adult entertainment business" use, the
.sapession of any existing business, te. alteration or enlargement
of any existing business, or any of the uses vithin such a
teal...., or any addition te existing uses within an existing
business. (Ord. 08-2 1 1 (part), 1908),
20.74.000 Bpeelal maatLiatlaaa. A. permitted Districts. Uses
classified herein es "adult entortsinomt business" shall be
e permitted in C-0, C-1, C-d, low, and WC Districts and c9vercia1
eras. of p-C Warriors.
• B. weatlon Restrictions. In [boas districts it Odell beuvlswrul to mrMlleh any such "adult entertainment business" if
the location Sa;
1. within five -hundred (500) Soot of the boundary of
any residential district es Shove On the City of
Newport Beach districting cop or within five -
hundred (500) feet of any residential user or
1. Within an. Momand (S,o00) feat of any other
"adult entertainment business"i or
O. Within on. thousand (2,000) feet of any public or
private school, perk, playground, civic or cultural
building, church or beach.
• C. waiver of location Restrictions.
1. My property comer or his authorized agent my
apply to the planning commission for a waiver of
any location restrictions contained in this
Section. The planninq Coamis.ion, after . public
hearing, my waive any location restriction, if all
Of the following finOings are med.s
(a). That the propo..d use will not be contrary to
Me public interest or injurious to nearby
properties, and that the spirit and intent of
this Section will be observed; and
(b). That the proposed me will not enlarge or
• encourage the development of an urban blight
areai and
(c) net the establishment of an additional
regulated use in the area will not be contrary
to any program of n.ighbOMD0d O=mZwatiQn
nor will it interfere with any program of
urban ronaval) and
(d) That all applicable regulations of the Newport
Beach Municipal Cade will be Observed.
1. The p..ad.. for the public hearing waiving
• location restriction. Shall be a. at forth in
Section 20.80.050(9) of the Newport Beseh Municipal
Code, with the same right or appeal as provided in
Section 20.80.070 of this COde.
D. In addition to the land Us. controls and restrictions Set
forth in this Chapter, all other restrictions, controls and
regulations established in Title 20 of tee NaMpprt Basch Municipal
Coda shall apply to the land u.a. [het am the subject or this
Chapter.
z. Amortization. Any "adult antertaims-t bmLlese" as
defined in this Chapter, in existence as of the effectly. data of
• this ordinance, and which has been dater.ined to have a legal,
nonconforming etatu., shall, within thee. (1) year. attar the date
of this Ordinance, termin.te all mpmts of such business not in
Ccoplianca with the provisions of this Chapter. (Ord. 89-2 8 1
(pert), 1988).
Sale -from is Section 20.04.005 shell be added to Chapter 20.74 of
the Newport Beach Municipal Cod. to read am follaysi
20,74.045 prohibited metablishft6m. My other business or
establisbment not specifically d... ribed in Section 20.74,020 which
permits its esployes., agents, pAtrom, or guests On or off it.
•premises, to exhibit specified anatomical areas, or OMsrvlse
provides services which allow any person to exhibit specified
anatomical area. or mpacified Sexual activities Mall be prohibited
until such time that thin Chapter may be anendm to permit Such
establishment..
Reads. at Ordinance No. 92-25* adopted on Nay lit 1992#
extending for ten (lo) months and fifteen (15) days an interim
prohibition an the establishment of Adult Baeineeae. shall be
repealed and of no further force and effect as of the ef[eotive
date of this ordinance.
• ssma 42 This ordinance was introduced at a regular .eating
of ths City Council of the City of Newport Mach hold an the 26th
day of October , 1992t and adopted an the 21b day of
November 1 19920 by ths following vote# to -wits
A
ri
•
AM, CVgItRi2@®0t4 fUDGG6S. N1Tf, dURNfR,
5!wrrN6 R4RS. COX PI19[4]t
now, cotvcx 9t' = iXr12
A&9mccuNCIIN@®w N
q.YOR M.urr✓
ORDTNAHCe W. ae- 2]
AN ORDIWCR 0Y TER of" COUNCIL or TER CITY
OF "MAT BUM, CALIFORNIA, ADDING CHATTER
3.96 TO TITLE B OF TAR CODE OF T.. CITY OF
EERPOAT BeAds, Han MPRALIHG CHAPTER 3.I0
AHRRRAS, Me city Council of the city of Newport Beach Wishes
•to promote the City of Nexpoft Beach's grant interest in protecting
and pr... rving the quality of the residential, eemosmial and
industrial areas of the City, and Me quality of III* of the people
of the City of Nouport Beach and visitors to the City; and
AEBRBAS, the City I..npowarad to enact regulatory ordinances
protecting and promoting the general Welfare, health and safety of
the City of Newport Beach pursuant to its Charter and the
Constitution and general laws of the State of California; and
AHHAEAH, the City Conrail of the City of Newport Beach
believes am tcu. the studies Conducted in the eiti.. of Austin,
Texas; Biloxi, N1awSawlppi; Garda. Grove, California; Indianapolis,
Indiana; Los Angeles, California, and Phoenix, Arizona which show
•Adult -Oriented Businesses cause secondary impacts In the vicinity
of those businesses which degrade Me areas of the City in Which
May are located, noun. a blighting effect On the City, and
increase crime in general, and sam related trines in particulars
and
AHHAEAs, prior to the adoption of Mule Ordinance, No City
Council reviewed detailed studies prepared by other Jurisdictions
regarding the detrimental social and .uncomic effects on persona
and proportion immediat.ly surrounding aetablishad Adult Oriented
Businesses. Thee. studios included thous prepared by the cities of
Austin, Texas; Biloxi, Mississippi; Indianapolis, Indiana; Gorden
Grove, California, Los Angeles, California; and Phoenix, Arizona;
and
•mHRRRAa, the City Council of Me City of Newport Beach
believes the following statements . true, In part based upon its
understanding of the ex,orienc.x of Cities ouch as Austin, Toxasl
Biloxi, Mississippi, Carden Grove, Californian Indianapolis,
Indiana, Los, Angeles, California; and Phoenix, Arizona:
-1-
A. Criss rate. are higher in residential areas surrounding
Adult Oriented Businesses than I. Commercial or indus-
trial arena surrounding Sexually Oriented Businesses,
B. Arens within nine. walking Clete... of single end
multiple family dwellings should be fr.. of Adult
• oriented Bueln.6aee1
C. Adult Oriented Businesses should not be located in areas
or the City which are in the vicinity of residential
Owes, religious institutions, parks and eohoole;
D. The image of the City of Newport Beach a. a pleasant and
attractive place to t..ido will be adversely affected by
the presence of Adult Oriented Basdnma.es in close
proximity to residential uses, religious institutions,
parka and ochoolor
E. The existence of Adult Oriented Bu.ines.., in close
proximity to residential areas has been shown in ame
cities to reduce No property vale.. in thaw. residential
• The MeC
P. City Council believes That allowing adult Oriented
B..inexwen in certain Identified zones I. apProprSats
because such roes.. Include ample anc...ibl. reel ..Gate
including acreage In all stages of development from raw
land to developed, industrial warehouse, and shopping
space that is easily accessible by freeways, highways and
roads;
0. without the adoption of an ordinance regulating the..
businesses, Adult Oriented Businesses might be able to
locate anywhere within the City by right, requiring no
permit other than a b..lness license to operate;
H. A reasonable regulation of Me location of Adult oriented
• pusin.... m protects the image of the ..unity and its
ptopeety values and protects its rasidents from the
adverse secondary affect. of Adult oriented Businesses,
While providing those who desire to patronize Adult
oriented Businesses an opportunity to do so in
appropriate areas within no city;
-2-
I. Regulations for Adult oriented Businesses should m
developed to prevent deterioration and/or degradation of
no vitality of no eomunity before no problem exists,
manor than waiting for a problem to be created)
0. Adult Oriented Bueimusee should be regulated by no
• location of moning which will separate such land uses
from other incompatible uses; mad
anmas, no aforementioned studies show net sex -related
offenses are included within the category of secondary effects
caused by unregulated or underregulated Adult Oriented Businmaea;
and
,VHHAO, no City council believes that persons who have been
convicted of sax-ralated offense have shown a propensity to commit
such offenses and should not be pamltted to operate Adult Oriented
Suslneeees for two (2) year, after such conviction. This is
be..., the asxually oriented nature of no business creates an
increased opportunity for no comlesion of sax -related offenses by
•persona who heve anibltod a prcpomIty for no vomlaeian of ouch
offens.sl and
1EEA2As, no City Council believes as true no documents and
Judicial decisions In the public record established and submitted
in conjunction win "is Ordinance which demanstrate net various
operational practices of Adult Oriented Businesses (as that Lam is
defined In section 5.96.010 of no Newport Beach Municipal Code)
increase criminal activity, Including but not limited to sexually
related criminal activity, and increase no likelihood of no
transmission of diseases including but not limited to sexually
transmitted diseases sun as gonorrhea, syphilis, herpes, and
acquired immune deficiency syndrome ("AIm") and bepatltl.-B; and
wan218, no City Council believes the following statements
are true, in part, based upon its understanding of no documents
and judicial decisions in no public record established ani aub-
mitted Win this Ordinances
A. Evidence indicates net dencars, models, enmr minem,
and other persons who publicly perform Specified Sexual
Aativltlaa or publicly display Specified Anatomical Part,
in Adult Oriented Businesses (as tho.a tern. a.. defined
-1-
S.
P.
0.
• H.
I.
in Section 5.96.020) (collectively raf.rr.d to as
"Parf...R-) have been found to engage in Sexual activi-
ties win patrons of Adult Oriented Main .... 8 on the
site of no Adult Oriented Businsem;
Evidence has demonstrated net Perfumers employed by
Adult Oriented Businesses have been found to offer and
provide private shown to patrons who, for a price, an
permitted to observe and participate win no perfumers
in live sox shows;
Evidanca indicates net Pesfornees at Adult Oriented
Businesses have been found to engage in acts of prosti-
tution with patrons of no establishment;
Evidence indicates net fully enclosed boom, individual
viewing areas, and other small rooms whose Interior
cannot be soon from public areas of no establishment
("Individual Viewing Ames") regularly have been found to
be used as a location for engaging in unlawful sexual
activity;
Many Individual Viewing Areas have been found to contain
-glary holes" in no walls joining abutting Individual
Viewing Ames which ere used by customers to facilitate
mescal activity between tha occupants of na abutting
Individual Viewing Areas;
Individual Viewing Aram heve baan found to be m.anitary
due to the existence of omen, ..live, and blood on na
walls and floors of the Individual Viewing Mae„
Medical eciancs has found net the AIDE and h.patiti.-B
viruses are carried in tha sesmn of infected Sales and
have a potential life span of 2 to I hours outside the
human body,
The existence of semen on no walls and floors of the
Individual Viewing Areas can facilitate the transmission
of the AIDE and hapatitis-B viruses;
The practice of individuals having anonymous and/or
unprotected sexual relations in Individual Viewing Areas
or poorly lit or unlit area. aan facilitate the
-9-
transmission of the AIDS end hepatitis-➢ viruses as wall
as other sexually transmitted diseases
J. poorly lit or unlit arena of Adult Oriented Businesses
provide a location for people to engage in illegal sexual
activities!
• k. Police agencies have determined net soma Adult Oriented
Busin... a. and no operate. thereof have boon found to
be directly engaged in Co. all as aid and .bat) criminal
and illegal sexual activity. Such individuals also have
bean known to use alinaa.l
L. Bany jurisdictions have found that Adult Oriented
Busim.m. g...t. a mmiv. noise aad disorderly
conduct, particularly at no closing time of the Adult
oriented Business, which create. an adverse noise public
safety impact on surrounding buss.,... end cammunitiasl
and
MAEAa, while no City council desires to protect the rights
•of thou who provlds adult orfonted ontortainasnt, it desire, to do
so In a earner which docrosaos, to no greatest extent fusible,
the undseirabl. secondary .ff.cte associated with much entertain-
untr and
ABmsame , baud upon the evidence contained in no dacumants,
judicial opinions, and other public retards submitted with this
o[dlnanca, no city Council find. as follovn
A. The City has an Snte[set in "noting net individuals
who operate Adult oriented Businesses have not been
convicted of certain criminal offences, pariicularly
sexually related offenses. The application regulru"ta
contained in Chapter 5.96 of the Newport Bosch Municipal
Cede further that interact!
• B. Requiring the presence of one (1) security guard for
every god patrons at Adult Oriented Businesses providing
live entertainment Is likely to reduce the disorderly
conduct and illegal activity observed to occur at Adult
Oriented Businesses in other jurisdiction!
C. Raguiring Adult Oriented Business.. to sloe. at gr 00 a.a.
is likely to reduce no early morning criminal activity
-5-
occurring at and near Adult Oriented Businesses and Is
likely to eliminate the existence of excessive noise and
disorderly conduct in and around the community in no
early hours of the mornings
B. no requirement that Adult Oriented Businesses Only allow
performances which are characterlaed by Specified Sexual
•
Auto or future Specified Anatomical Parts such that
patrons not be permitted within 6 feet of no Performer,
I. likely to reduce the opportunities for illegal sexual
activity to occur between Parformor, and patrons, and 1s
particularly likely to reduce the opportunity for ouch
illegal xexual activity to Occur at no Adult Oriented
Basin ... l
E. Ragulring F.rfomom in Individual Viewing Areas to be
completely ,operated from pat... by a floor to calling
plaxlglava or other clear, permanent barrier is likely to
reduce the opportunity for illegal sexual activity to
occur between perfume[, and patrons and reduce no
•
,esaib111ty, of no transmission of sexually transmitted
diseases between Performers and patrsni
P. Requiring no entire interior portion of Individual
Viewing Area. to be visible Inv aisles and public areas
of the Adult oriented Bueinss Se likely to reduce the
opportunity for illegal sexual activity to occur within
the Individual viewing Areal
C. Raqulring areas within Adult Oriented Businesses to be
minimally illuminated to no standards Contained in
Chapter 5.96 of the Houport Beach Municipal Code Ss
likely to reduce no opportunity for the occurrence of
illegal sexual activity in dark portion of Adult
• Oriented eusine"esl
H. Prohibiting any physical contact between performers and
patron. of Adult oriented Businesses is likely to red...
the opportunity for the accurranm of illegal sexual
activity between patron. and Performami
I. prohibiting holes or openings between the interior space.
of Individual Viewing Areas is likely to reduce the
-6-
opportunity for the occurrence of illegal sexual activity
between the occupants of Individual viewing Areas,
J. Prohibiting the compency of more than ono person in an
individual Viewing Una at any time is likely to reduce
the opportunity for the Individual Visiting "as to he
• used for illegal sexual activity,
X. Prohibiting patrons of Adult oriented Buaipesees from
offering payments or gratuities and prohibiting
Performers from accepting the mesa is likely to reduce
the opportunity for illegal sexual activity to occur
between patrons and Performers, and
NBNR while the City Council of the City of Newport Beach
duir.a to protect the rights conferred by the United states
Constitution to Adult Oriented Businesses, it doom so in a Samar
net ..auras the continued and orderly development of property
Within the City and dialnithse, to the greatest extent fsaslble,
then. and..irabls secondary effects which the aforementioned
•studies have shown to be associated With the development and
operation of Adult Oriented Businesses) and
matsaa, It is not the Intent of the city in adopting this
ordinance to suppress any activities protected by the First
Amendment, but rather to enact a content neutral Ordinance which
addresses the secondary affect. Adult oriented Businesses have on
the city: and
Massa, on June 29, 1994 , the City council
Conducted • public hearing on this ordinance, and received
testimony and information from the public and City staff.
NON, TRRAsaoka, the City Council of tha city of N.wpert Mason,
hereby ordains as follOVst
•...ties it Chapter 5.96 is hereby added to Title 5 of Us
NewportBeach Municipal Code to read in its entirety AN falIOWAt
Chapter 3.10
Adult oriented Business
5.96.005 intent
5.96.010 D.finitions
_g_
5.96.015 Permit Required
5.96.020 Application Requirement.
5.96.025 Findings/RequirOmonts
5.96.030 Permit 0uration
5.96.035 Permit Renewal
5.96.040 Permit. Nontransferable! Use specific
•
5.96.045 Enforcement and Revocation
5.96.050 violation
5.96.055 Existing Adult Businesses
a... 3.96.003 Intent.
The intent of this Chapter Is to regulate Adult
Oriented Businesses which, because of their very
nature, era believed to have many of the recognised
signlfioant secondary effects on the community
which include, but are not limited tot depreciated
property values and increased vacancies in residen-
tial and c0mercial areas in the vicinity of the
Adult Oriented Businesses, higher trine rates,
noise, debris or vandalism in the vicinity of Adult
Oriented Businesses: and blighting conditions such
am low, level maintenance of commercial promises and
parking lot. which thereby have a deleterious
affect upon adjacent areas. Special regulation of
thee. uses Se nso... sty to insure that thee.
adverse effects will not contribute to the blight-
ing or downgrading of the neighborhootla in the
vicinity of the Adult Oriented Businesses. It Is
neither no intent, nor affect of this section to
impose linications or restrictions an no content
• of any cam uticative materiel. similarly, it Se
neither the intent, nor effect of this auction to
restrict or deny access by adults to eomally
Oriented Material. or Merchandise protected by no
First Ammndo..t, or to deny acovas by no dlatribu-
ton or exhibitors of Adult oriented Business to
their intended market.
-a-
Nothing in this Section is Intended to authorize,
legalize or permit the .steblishment, operation or
maintenance of any business, building or use which
Violates any City ordln.nc. or any statute of the
State of California rag.rding public nuieancs.,
• unl.wful axpo.uzo, sexual conduct, lewdness or
obscene or harmful matter or the aunibiti.n or
public display th .... f.
sec. 3.96.010 pofinitlom..
A. "Adult Bookstore": My establishment, which
am A i.Vier and substantial course of conduct,
displays and/or distributes Adult Merchandise,
books, psrioaleele, aegexlnes, photographs,
drawings, sculptures, motion pictaro, Via-..,
elide., films, or other written, Oral or visual
representations which are distinguished or
charaotsrized by an emphasis Oa a matter depicting,
•
describing or relating to Specified Sexual Activd-
ties or specified Anatomical Parts. (Sea "Adult
Oriented Business" for definition of regular And
son.tantiel portion of its business.)
B. "Adult Cabarat": A nightclub, bar, lounge,
restaurant or similar ectebliehsent or concern
which featur.s as a regular And subotantlel eruzw
Of conduct, Any type of live aAtart-i=ant, films,
votion pictures, video., slid... other photogrephlo
rapraductions, or other oral, written, or visual
representation which are characterized by an
emphasis on matter depicting, describing or ralat-
• in% to Specified Sexual Activities or Specified
Matomicel Parts.
C. "Adult Hotel/Motel": A hotel or motel, which
as a regular and substantial course of conduct
provides to its patrons, through the provision of
rooms equipped with aloead-circuit television or
other sodium, material which is distinguished
-9-
or charectarizad by the emphasis an matter
depicting, describing or relating to Specified
Sexual Activities or Specified Matomicel Parts
and/or which rents, leases, or let. any roam for
less than a 11-hour period end/or rants, lea... or
lets any rare more than once in a 14-hour pedal
•
and/or which advertises the availability of any of
the Above.
v. "Adult Modal Studio-, My premi... where
there Ss furnished, provided or procured A figure
model or models who pose in any =:vier union 1s
characterised by its amphasis on matter depicting,
describing, or relating to Specified Sexual
Activities or Specified Anatomical Parts where such
modals) is being observed or viewed by any person
for the purpose of being sketched, painted, drawn,
oeulpturad, photographed, filmed, or videotaped for
e fee, or any other thing aI value, am a consider&-
•
tion, compensation, or gratuity for the right or
opportunity to so observe the modal or remain on
tha promisee. Adult Model Studio Shell not Include
any Live Art Clams or my studio or closer... which
I. operated by any public agency, or any private
educational institution authorized to issue and
canter a diploma or degree under Section 94300
at sag. of the mutation Coda.
Z. "Adult Motion Picture Arcade": My busin..s
establishment or concern containing coin or slug eporatod
or manually or electronically controlled still, motion
picture or video machines, Prajectorm, or other Snags
isProducingdavit.. that are =intsined to display iaag..
to an individual in Individual viewing Areas who" thou
images are distinguished or characterized by an emphasis
on matter dePiOtdng, describing or relating to Specified
Soxual Activities or Specified Matomicel Parts.
P, "Adult-OrSonted Business": My business
astablishaont or concern which ea a regular and
-10-
substantial course of conduct perfume am an Adult
Bookstore, Adult Theater, Adult Motion Picture
Arcade, Adult Cabaret, Stripper, Molt Mmdal
Studio, Adult Motel/ Hotel; say business
astnDllehment or concern which as a regular and
substantial course of conduct Bella or distributes
•
Soxunlly Oriented Merchandise or Sexually oriented
Material, or any other business establishment or
concern which es a regular end substantial ---
of conduct offs. to its patrons produatm,
merchandise, servi... or enterrainment
an.ra.retired by an emphasis on matters depicting,
describing or relating to Specified Sexual
Activities or Specified Anatomical Parts. "Adult
Oriented Business" does net include ream. us.. or
eativities, the regulation of which is preempted by
state law. "Adult oriented Business" shall oleo
include any business ostabliuhment or concern
•
which, see, a regular and substantial Ceara- of
conduct provide. or allows perform-rs, models,
actorm, actresses, or employees to appear in any
place in attire which doe. not opaquely cover
Specified Anatomical Part.. Por the purpos-m of
this Soceion, a business establishment or concern
has established the provision of products, merchan-
dia., ervicas or antartainaent characterized by
an emphasis on matters depicting, describing or
relating to Specified Sesual Activities or Speed-
fied Anatomical Parts es a regular and substantial
course of conduct when one or more of the following
conditions exist:
•
1. The area devoted to Adult Merchandise end/or
Sexually Oriented Material exceed- more then
25 percent of the total display or floor space
stem open to the public,
2. The busineea establishment or concern PrI-ent-
any type of live entertainment which is
-11-
aherncterized by an emphasis on Specified
Sexual Activity or Specified Anatomical Parts
at least four times in any month.
a. The regular and substantial course of conduct
of the busineeo consists of or involves the
male, trade, display or presentation of
•
services, product., or entertainment which are
characterized by an emphasis on matter depict-
ing, describing, or relating to Specified
Serval Activities or Speoified Anatomical
Parts.
G. "Adult Thomtor", a business establishment or
concern which, as a regular and substantial course
of conduct, presents live entertaiAnent, 'Orion
picturoa, videos, slide photographs, or other
pictures or visual reproductions which are distln-
gulshed or characterized by their emphasis an
matter depicting, describing, or relating to
•
Specified Sexual Activities or Specified Anatomical
Part..
H. "Live Art Class" My premises on which all
of the following comes tA.re 1. conducted a
program of instruction involving the drawing,
photographing, or sculpting of live models exposing
Specified Anatomical Parml Instruction is offered
in a merles of at I ... t 2 .lase..; the instruction
is offered indoors( an Instructor is present in th-
classroom while any participants are present, and
pro -registration Ss required at least 24 hours in
advance of participation in the class.
I. "Sexually Oriented Materiel": Any element of
•
Sexually oriented Matchandise, or any book,
periodical, magazine, photograph, drawing,
aculpturs, motion picture file, video, or other
written, oral, or visual representation which, for
purposes of sexual arousal, provides depictions
which era characterized by an emphaal- on natter
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dspletiog, describing, or relating to Specific
sexual Activities or Specified Anatomical Parta.
a. "Sexually Oriented Merchandise": Sexually
oriented Implement$ and paraphernalia, such As, but
not limited to: dildoe, auto sucks, sexually
oriented vibrators, edible and z%nuar, bonus balls,
•
inflatable orifices, anatomical balloons with
•
Critics , simulated and battery operated vaginae.
and similar sexually oriented desks. which arm
designed or marketed primarily for the stimulation
of human genital organs or tad.-maeochi.tio
activity.
M. "Specified Anatomical Parte"t
1. lass than eo.pl.t.ly and opaquely covered
human genital.; pubic region: buttoc:u:
or femala breast below a point Imve-
diately At". the top of the creole; or
1. Human male genitals In a d1... rudely turgid
•
state, even It completely and opaquely
covered.
L. "specified sexual ActdVdtlee":
1. Actual or aimacted sexual intercourse,
oral copulation, anal intercourse, oral
anal copulation, bestiality, direct
physical stimulation of unclothed genf-
talt, flagellation or torture in the
context of a sexual relationship, or the
use of excretory =Orion in the contest
of a .oxual relationship, Any Of the
following depicted saxually oriented acts
or conduct: an111ngus, bugg*ry, copro-
•
phagy, caprophilla, cunnildngu., fella-
tio, necraphilia, pederasty, pedophilla,
piquarive, sopphi.., aooeraetlet or
2. Clearly depleted human genitals in a
$tat. of aexu.l sti.ul.tlon, arousal Or
tun"Seance; or
-12-
a. Bee of human or eniscl ejaculation,
sodomy, ..I copulation, coitus, or
ma.turbation; or
4.
Fondling or touching of nude human
genital., pubis region, buttxka or
female breast: or
•
B.
Maeochimm, *ratio or sexually oriented
torture, beating or the infliction of
paint or
6.
Erotic or lewd touching, fondling or
other tesually oriented contact with an
animal by a human being$ or
g.
Human excretion, urination, menstruation,
vaginal or anal irrigation; or
a.
striptease or the removal of clothing to
the point where specified Aturnmice1
Parts arm not opaquely covered.
• B.C. 5.06.015 permit Required.
He Adult Oriented Business shall be permitted to
operab, ergag. I., conduct or carry on bueln.ss
within the City unless the ovnsr of the business
first obtains both an Adult oriented Business
Permit and a Business License from the city of
Havport Beach.
Sao, 5.96,020 Application R*gdiraaants.
mho property owner, or authorized agent of the
property owner, in eligible to request en Adult
Oriented Buelnaos Permit. Application. shall be
• submitted to the Revenue DSvl.10M.
The following information is required at the time
an Adult Oriented need... Permit Ss submitted:
A. A completed Adult Oriented Business Permit
Application signed by the property owner or
authorized representative.
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• B. A non-refundable deposit or fee as eat fetch
by czIi..... or resolution of the City
Council.
d. A letter of guatlfication and diagram or floor
plan describing the proposed project and
• explaining how it eoapllss or will .amply with
the findings/raquiromants contained in Section
5.96.025.
D. Signed statement by the applicant verifying the.
applicant Intends to and will aomply with all
operational raquire.ant. of Section 5.96.025.
E. All other information ea required by City of
Eawpart Beach Adult Oriented BU.Jness Permit
Znfozmetion sheet.
Moo. 3.90025 Hadiaga/Aequlrueais.
The City Manager shall Jose. An Adult Oriented
• Business Permit within fifteen days of receipt of a
cospl.t. Application it he/eh. finds that the
application fully cospli.m with th. findings/
requirements of thin section. no decision of the
city Manager to issue or deny A Permit shall be
final.
A. no Adult Oriented Business Is located in an
approved toning district in Compliance with
zoning and location requirements of Chapter
20.74 of this Code.
B. The Adult Oriented B..inesn is not located
completely or partially Within any mobile
etru.tUr. or pushcart.
• C. no Adult Oriented Busina.s shall not stage
any ....1.1 .vents, promotion., festivals,
concert. or similar event. Which would
increase the demand for parking beyond the
approved number of spaces for the particular
us..
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D. no Adult Oriented Business shall not Conduct
any massageo acupuncture. tattooing, ecupras-
sure. fortune-telling or escort sorvicas on
the premise..
E. The Adult Oriented Business provldes A saeur-
Sty system that visually records and manicure
•
all parking lot areas. All indoor or... of
the Adult Oriented Business shall be open to
public view at all times with the exception of
restroom facilities. -AC .... ibl. to the
public" shell include but not be limited to
Those area which are only accessible to
membaee of the public who pay a fee end/or
join a private club Or orgenisallon.
F. The Adult Oriented Business cMPllas with the
city'. sign regulations.
G. The Adult oriented Business con➢lie. With the
development and design requirements of the
•
zone in which it Is to be located for the
....iflc underlying Use.
E. The Adult Oriented Basic... shall not display
any Sexually Oriented Material or Sexually
Oriented Merchandise which would be Visible
from any location outside the Adult Oriented
Busies..
I. The Adult Oriented Bueine.s shell not allow
admlttenc. to any parse. under Us age of 1B
if no liquor is .azVed, or under the age of 21
if liquor is served.
a. no Adult oriented Business will not operate
between the hours of 2100 A.M. and TIOB a.m.
•
x. Neither the Applicant, if An individual, at
any of the officers or general partnerso it a
corporation 0r partnership, of the Adult
oriented Business have been found guilty
Within the past two (a) years of A mi.demeAmur
or felony classified by the State se a eox-
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L.
•
N.
•
•
related offence and have not violated any of
the provisions of an Adult Orlentod Business
Permit or similar permit or license in any
city, county, territory, or state.
no Adult Oriented Business provides separate
rest.. facilities for Hale and I...1.
patrmu. The restrooms shall be free from
sesually Oriented Naterdale and Sexually
Oriented Northandise. Only one parson shall
be allowed in the restroom at any time, unless
otherwise r.quir.d by law, in which case the
Adult Oriented business shall =ploy a Cast -
room attendant who shall be present in the
rastroom during operating hour. who shall
prevent any p... on(a) from =gaging in any
Specifi.d Sexual Activities within the
ra.trao..
Th. Interior of the Adult Oriented Mai is
configured soon net there in an =otetrueted
view of wary public area of the premises,
including but not limited to the interior of
all Individual Viewing Areas, from a manager'.
station which is no larger then 02 sguaro feet
of floor area with no single dimonsion being
greater than s feet in a public portion of no
establishment. No public ate&, including but
not limited to no interior of any Individual
Viewing Area, shell be obscured by any door,
curtain, wall, two way mirror or other device
which would prohibit a person ft— seeing into
the interior of the Individual Viewing Area
from the manager's station. A manager shall
be stationed in no manager's station at all
time* the business is in operation or open to
no public in order to enforce all miss and
regulations. No Individual Viewing Arse shall
be designed or operated to permit occupancy of
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more than one person at a time. "Individual
Viewing Ara." shall mean any area designed for
occupancy of one person for no purpose of
Viewing live performances, pictures, movies,
videos or other presentations. To the extent
this provisions is inconsistent with any other
•
provision of this code regulating tha interior
arrangement of Adult oriented uusdneaves this
provision shell control.
N. All arse" of no Adult oriented Business shall
be illuminated at a minimum of 2.0 foot-
candle, minimally maintained and evenly
distributed at ground level.
O. no Individual Viewing "sea of the Adult
Oriented nusinsso shell be operated and
mofntainad with no holes, openings or other
means of direct Visual or physical access
between the interior space of two or more
•
Individual viewing Areas.
P. Tb. Adult Oriented coal ... I tompli.. with the
Noise Element of no Central Plan, Interior
and ExGrdor Noise standards and any
mitigation measures necessary to reduce no
projecth noise Impacts to the City's articu-
lated ..Ise standard.
Q. No live entertaLwsnt, as net term is defined
in section 5.28.010 of this CO., shall be
provided vihteut first obtaining a permit
pursuant to Chapter 5.2E of this Cods.
R. No building, promises, structure, or other
facility "bell be permitted to contain more
•
than one type of Adult oriented Euaimss as
such typos of Adult Oriented Business are
defined in section 5.e6,010. for no purpose.
of this section, the catch-all phrase "Adult
Oriented Business" shell not be considered a
single typo of Adult Oriented Business.
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S. No Individual viewing Axe. may be occupied by
nor* than one (1) person at any one time.
T. Pormanant barriers shall be installed and
maintained to sereon the interior of the promises
from public view for each soot Wood as an
• entrant./axlt to the business. No exterior door or
window shall be propped of kepi open It any time
during hours of operatlonl any exterior windows
.hall be Gov ... d with opagW. Covering at all times.
So.. 3.96.000 Permit Duration.
An Adult Oriented Business permit shell be valid
for a period of one (1) year from the date of
i..umncn.
Bee. 5.90,033 Permit Roaesal.
An Adult Oriented hu.lnes. P.rnit shall be renewed
on a year to year basis provided net the parmlttee
•
and the Adult oriented Business continue. to meet
the requirements set forth in this Chapter. A
request for Permit renewal must be accompanied by a
Completed Adult Oriented Mussiness permit appllce-
tion. If amid application Conforms to the pro-
vloualy approved application and "a Adult Oriented
Business has not changed, the permit shall be
renewed by no n-vane Manager for another year.
My change or alteration in that nature or
operation of the Adult Oriented Busln.s. will
require the renewal to be reviewed by the City
Nenagar. no ranesBl go. for en Adult Oriented
Business Psrmlt shall be established by ordinance
•
or resolution of the City Council-
a.m. 5,94.040 Pursuits Noe-TronmfarabUt Use Specific.
No Adult Oriented Bu.inas. permit may be sold,
transferred, or assigned by any pormdttse or by
operation of lav, to any other person, group,
-Is-
partnership, corporation or my other antLty. My
such sole, transfer, or assignment or attempted
.ale, transfer, or assignment shall be deemed to
constitute a voluntary eurrendwc of the Permit and
the Permit shall be thereafter null and void. M
adult Oriented soul.... Permit held by a eorpore-
• tion or partnership is subject to the same =105 of
transferability as contained above. My Chung- In
the nature or composition of the Adult Oriented
Business from one element of an Adult Oriented
Business to another .1... nt of an Adult oriented
Business or any increase of ten percent (lot) or
more of the floor area of the Mutt Oriented
Business shell also tender the Permit null and
void. An Adult Oriented Business Permit shall only
he valid for the exact locution specified on the
Permit.
•
B.a. 3.96.045 sro..essst Bad R-waastiOA.
A. Tneeeeeiene.
The Pernittee shall permit officer. of the City of
Newport Beach, the County of Orange, and ouch of
their authorized rapt... sterile. to conduct
unscheduled Snspactions of no premises of no
Adult Oriented eusinssc for no purpose of -muting
compliance with the law at any time the Adult
oriented Basin... 1- open for business or occupied.
B. R tl oundo.
Th. City Manager may revok. as Adult Oriented
Bushes. Permit when he or she di.cov.r. that any
of the following have occorr.d:
•
1. Ths permltteo has failed to comply with
any of the findings/rsqulrenentS
contained in section 5.96.0251
1. The application contain. Sncorroct, false or
misleading info rmationl
DM
^ O. The applicant is convicted Of any felony
or misdemeanor which Ss olaseitlod as a
sox or sox related offenno, or has found
to be in violation of the City's Zoning
ordinme... any violation of the City's
• =among. ordlmmnea, or any violation of
any other adult business Ordinance of any
other city, county, or ateta,
a. individual Viewing Areas are being
operated with more than one occupant at
any one tins, or are being maintained
with holes, opening. or other means of
direct visual access between the interior
space of two or mots Individual Viewing
Area.. For the purpose Of this -action,
"Individual Viewing Area" shall mean a
viewing area designed far mingle
• occupancy,
S. Any Person has been convicted Of a sex
related offense as a result of hie or her
activity on the promisee of the Adult
oriented Business, or
6. Any person or parsons ban engaged in any
Specified Sexual Activities on the
premise..
C. R.w.a.tl.n Notice.
Upon determining that the grounds for permit revo-
cation exist, tha City Manager shall furnish
written notice of the proposed revocation to the
parmittae. Such notice vhall summarise the
• principal ...eons for the proposed revocation,
shell mm that the permittae may appeal the
decision within fifteen (15) calendar day. of the
posting or the post -marked date on the notice. The
notice shall be delivered both by pasting the
notice at me location of tha Adult oriented
Business and by sending the soma, certified sell,
-g1-
return receipt requa.ted and postage pre -paid, to
the parmittee as that name and address appears on
the permit. Not later then fifteen (151 calendar
days attar the latter of the calling or posting of
the notice, the permittes may file an appeal of the
City Manager', datarmination with the City Clark.
•
If the appeal is filed within fifteen (15) calendar
days of the mailing or posting of the notice
refamemd above, the appeal hearing shall be
provided as contained In Subsection D below.
D. A ... al.
Any person aggrieved. by a decision to ravoka a
permit under this Chapter may file an appeal with
the city Clark within tan (lo) days of tha
decision. The reVast for the appeal shell state
the ground. upon which the appeal Ss based. Upon
receipt, the City Clerk shall schedule an appeal
hearing before the City Council or an appointed
•
hearing Officer and shall provide written notice of
the time, data and location of the hearing to the
applicant. The hearing shall be held no later then
45 days from the data the request for the appeal is
received by the City Clark. no City Council shall
determine whether grounds for revocation of the
Adult oriented B..in... P.rmlt exists and shall
render their decision at the conclusion Of the
hearing or upon recommendation of the hearing
.also. the applicant Othaml.. cm.w is to a
continuance.
E. Ae.me11 elicn after R.ya a 'on.
No person, corporation, partnership or member
•
thereof or any other entity may obtain an Adult
Oriented Business permit for a business once its
Parmit has boon revoked.
a... 5.91.050 violation.
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•
•
•
Any ..teblithmant operated, Conducted or maintained
contrary to the provisions of this chapter is
unlawful and a public nuisance, and the City Meet -
nay may Communes an action or actions, pr.caeding
or proceedings for no abatement, removal and
enjoinment thereof in the manner provided by law,
end shell take such other otepe and shall apply to
such court or courts as nay heve jurisdiction to
grant such relief as will abate or remove such
Adult oriented Busina e, and ..strain and enjoin any
parson from operating, conducting or maintaining
ouch an establishment Contrary to the provisions of
this chapter,
gas, 5.96.055 IDd.ting Adult Businesses.
Any lawfully existing and operating Adult oriented
Businsus which becomes a nonconforming ume by reason of
Me adoption of this Chapter shall be deemed to have been
issued a permit pursuant to this chapter subject to the
following:
A. Th. nonconforming operation shall be brought into
immediate full compliance with subsections
(C),(H),(I),(J), and (B) of Section 5.96.025; and
the nonconforming business ohall be brought into
compliance with subsections (B),(0),(N),(0) e(P) e(Q)
and (T) OI Section 5.56.025 not later than A. year
from the date this ordinance Is adoptedt and the
nonconforming businesses shall be brought into
compliance with aubs.otlon, (E), (0), (L), (H), (N),
(P),(E),(0) and (V) of Bsotion 5.96.025 not later
Man five years from the date of adoption of this
ordinance.
rollers to comply, with the requirements of this Chapter
within the amortisation periods provided in this section
may subject the business to revocation of the Permit.
Noblthetending the above, any business legally existing
and operating as of tha date of adoption of this
-1]-
ordineno. vhich do.i not comply With the coning
provisions found in Chapter I0.74 shall not be required
th relocate and shall be considered nonconforming as to
its location until such buminus is abandoned or
otherwise terminated.
• Section f: Chapter 5.30 of the Code of the City of Newport
beach Ss hereby repealed and of no further force or effect.
•
Section a: Should any section, suba.ctlan, clause, or provi-
sion of this ordinance for any reason be held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of rho remaining portions
of this ordinance: it being hereby oxpresely declared that this
Ordlnanee, and each section, eunnictlnn, sentence, clause and
phrase bersof would have base prepared, prcpasad, approved and
ratified irrespective of tha fact Met any one or more sectlous,
subaeetl.... sent....., clad... or phrases be declared invalid or
=co stitutional.
ANCTXON ae This .%tin.... wee introduced at a regular
meeting of the city Council of the City of H.Wport Beach, held on
no 13th day of Jnne, 1996, and adopted on the = day of
.n. , 199e1 by tee following vote, to wit:
/ i:L � .!U
�L�
AYES, COBNCILImIBHA9 SANSONE. WATT.
en , HOT_ CaK bEhAY
NOW, counaLNEHBE56 nonce
ABSENT COIMCILM81fUEP8 1®
>n
,�� -• " o1O1NANda W. RO- 38
AN OMINA1NIt OF THE CITS COUNCIL 07 Tan oITT
OS 2120011 REAM, CALITORNIN, ANN110IN0 ORBITER
10.74 Cy TIN MWPORT BRAQ MUNICIPAL Mom
1II21TING TO ADULT iNSIRSAIId.T IUal.ss.
WEREAR, tea City Council of the city of Newport Beach wishes
•to prcaoto the City of Newport Beach'. great Interest in proteoting
and preserving the quality or the residential, comerciel and
Industrial areas of the City, and the quality of life through
effective land us. planning; and
NHENSAN, the City Council of the City of Newport Beech
believes m true no studies conducted in me cities or Austin,
Taxaq Biloxi, Mississippi; Garden Orcv., California, Indl... poll.,
Indiana; We Angsles, California; and Phoenix, Ariram which show
Adult -Oriented Nusi owes cause secondary impacts which degrade the
areas of me City in ahich they are lommd, muss a blighting
affect on the City, and ineeeme erlme in general, and sex misted
.time in particular, In no vicinity of the Adult Oriented
Business; and
•1;H8PBA8, prior to the adoption of this Ordinance, the City
Council reviewed detailed studies prepared by other jurisdictions
regarding the detrimental social and economic effects an persona
and properties dmmediataly surrounding established Adult Oriented
Business.. Theta studio. Included mesa prepared by me cities of
Austin, Texas; Biloxi, Hlosi sippil Indianapolis, Indiana; Garden
grevo, CalifoMia, Los Angeles, California; and Phoenix, Arixom;
and
wNIREAs, the City Council of me City of Newport Bunch
believe. the following sntments are txua, in part based upon In
understanding of the experiences of cities Such as Austin, Texa.2
Biloxi, Himlappi; Garden Or... California; Indianapolis,
• Indiana) Ice Angeles, California; and phoenix, "I.onax
. A. Crime ratare higher in residential areee surrounding
Adult Oriented Bmi... a.. men in commercial or led. -
trial at..$ surrounding Ommlly Oriented Busin..... ;
A. Arm. within Cie.. walking distant. of singl. and
multipl. family availing. should be free of Adult
Oriented Businesses;
N g04
e. Adult oriented Businesses should not be located in arms
of the City which are in no vicinity of residential
me., rellgims institutions, parks and schoolq
B. The dmg. of me City of Novport Reach a. a pleasant and
attractive place to reside will be adversely affected by
• theropre.anco 0f Adult Oelentad Roslnm.s I. close
proximity to residential uses, religious institution.,
parks and achoolsi
E. The existence of Adult Oriented Businesses in -lose
proximity to residential areas has boon shown in some
cities to mdum the property values in most residential
or ... i
F. Th. City council believes that allowing Adult oriented
businesses in certain designated toning districts is
appropriate because such tones include ample acaessibla
real unto including aee.ga in all stages of
development fret raw land to daveloped, industrial, and
tsn11 space that 1a easily accessible by frommys,
• highways and reeds.
G. without the adoption of a land me ordinance, Adult
oriented Rusimmsa might be able to locate anywhere
within the City by right, requiring no permit other than
a burin... licame to op.m ml
H. A nasonsel. regulation of no location of Adult Oriented
Bmimmas protects the imago of the romunity and its
property value. and protect. its resident. from the
adverse secondary, affect. of sun Adult Oriented
Malmo..., while providing most who desire n patmnixe
Adult Oriented Businesses an opportunity to do me in
appropriate arms within the Cityl
• f. Regulations for Adult Orimted Amin..... should be
developed to prevent deterioration and/or degradation of
the vitality of no community before the problem exists,
rather men waiting for a problem to be .rented;
a. Adult oriented Businesses mould be regulated by develop-
ing zoning which will separate each land uses free Omer
incompatible uses; and
-I-
a
�" �wIRAEAB, the afore.lationed studio ehow that sex -related
offenses are included within the category of soco"sry affects
caused by unregulated or underregulated Adult Oriented Businesses)
and
xt�ifd3, ,a city council believes that persons who have been
•convicted of ..x-related offenses heva chose a propensity to commit
such offgmo and should not be pemitted to operate Adult Oriented
Businesses for two (f) years after such conviction. ni. is
became the sexually orighted nature of the business emerge an
inure ... d opportunity for the colaisslon of see -related offenses by
persons who have exhibited a propensity for the comimion of such
often...; and
wHEBEA9, the City Council believe... true the documents and
judicial decisions in the public record established and submitted
in conjunction with this Ordinance vhlch dewn.trate that Various
operational practices of Adult Oriented Businesses (as that coca Se
defined in Bocci.. 5.96.010 of the Newport Beach xenieipal Code)
increase criulnal activity, including but not limited to sexually
.related original activity, end Sncree.a the likelihood of the
transef..ion of diseases including but not limited to sexually
tranmitt.d dims... .uch as gonorrh.e, syphilis, herpase and
acquired isaene deficiency cynicma ("AIDS") and hepatitis-B, and
WHEREAS, the City council believes the fallowing atatowent.
era true, in pert, has" upon its understanding of the decollate
and judicial decisions in the public record established and sub-
witled with this ordlnancet
A. Evidence indicates that dmcays, a"els, entertainers,
And other persons who publicly p.rfore Specified Sexual
Activltles or publicly display Specified A)utell"I Parts
in Adult Oriented Businesses (as thee. term arm defined
• in Section 8.96.o1e) (collectively referred to as
"psrforeers") have boo faced to engage in casual activi-
ties with portage of Adult Oriented Budn..... on the
site of the Adult oriented loin...,
B. Evidence has demonstrated that Perfomers mployed by
Adult oriented Buminasom have been found to offer and
provide private shows to patrons who, for a price, are
-I-
,emitted to observe and parti.ip.t. with the P.rf rovers
in live sex Ph..p
c.
Evidenc. indicates that Perforaar. At Adult oriented
Businesses have been found to engage in acts of prosti-
tution with patrons of the stabliahzent,
0.
Evidence indicates that fully enclosed booths, individual
•
viewing ores-, end other mall room whose interior
cannot be men free public Ares of the eatabli.haent
("Individual Viewing Areal") regularly have been found to
be used as a location for engaging in unlawful sexual
activity,
E.
Many Individual Viewing Areas have been found to contain
"glory holm" in the wall. joining Aborting Individual
Viwia, ".a. which or. used by w.tosara to facilitate
.mall activity between th. occupant. of the abutting
Individual Viewing Areas)
y.
Individual viewing Areas have baen found to be un.mitary
du. to the existence of a ... n, ..live, and blood on the
•
wall. and floore of the Individual Viewing Argos;
O.
Medical science bus found that the AIDS and hepatitis-B
viruses are carried in the .rem of infected ..Is. and
have a potential life span of 1 to f hours outside the
humn bodyt
H.
The existence of clown on the wall. and flcore of the
Individual Viewing Areal can facilitate the trammi lion
of the AIDE And hapetitia-B VSxuPas,
I.
The practice of individuals having anOnywu. and/or
unprotact.d usual relations I. Individual Viewing Argae
cm facilitate the tfmsgission of the AIDS and
hepatitis-B vlreel At well a other casually tranmitted
dr
J.
•
PooOOrly ly lit or unlit arse. of Adult Oriented Businesses
provide a location for people to engage Sn Illegal sexual
aetivitiest
K.
Police aganci.. have detarsined that .sea. Adult Oriented
Businesses and the operators thereof have been found to
be directly engaged in (a. wall as aid end chat) cslalnal
-a-
•
•
•
• and illegal sexual activity. such individuals also have
ham known to use all..se;
I. Many jurisdictions have found that Adult Oriented
Businesses generate excessive noise and disorderly
conduct, particularly at the closing time of the Adult
Oriented Business, which creates an adverse noise public
safety impact on aurrcundim w businesses and comnitimat
end
NRRBAs, while tha City Council desires to protect the rights
of those who provida adult oriented entertainment, it daeins to do
so in a mama: which decreases, to the greatest extent feasible,
the, undesirable secondary effects associated with such enbrtain-
mentl and
vdetfAe, based upon the widanra contained in the documents,
Judicial opinions, and other public records attached hereto as
ID ibit -A,^ thm City Council finds as folloust
A. The City hem an interest in enuring that individuals
who operate Adult Oriented Businesses have not been
convicted of certain criminal offenses, particularly
s•xumlly War ad offenses. The application requirements
contained in Chapter 5.96 of the Newport Beach Municipal
Code further that interests
B. Requiring the presence of one (1) maturity guard for
every I00 patron at Adult oriented Businesses providing
live entertainment is likely to reduce the disorderly
conduct and illegal activity observed to occur at Adult
Oriented scai ...... in other jurisdictions
C. Requirinp Adult Oriented Bain ..es. to ol.m. at 1n 00 a.m.
is likely to reduce the early morning criminal activity
occurring at and near Adult oriented euainsases and is
likely to eliminate the existence of excessive noise and
disorderly conduct in and around the commmity in the
early hours of tba morning;
0, The requlresent that Adult oriented Bumineases only allow
paifoiamnres which are chara.nrisad by Specified Saxval
Acts or future Specified Anatomical Parts such that
patrons not be permitted within 6 fast of the Performers
-5-
is likely to reduce the opportunities for illegal sexual
activity to occur between Performers and patrons, and is
particularly likely to reduce the opportunity for such
illegal mescal activity to occur at the Adult Oriented
Mal .... r
m. Am,alrin5 Performers in Individual Viewing Area, to be
•
completely separated from persons by a floor to ceiling
plwiglass or otter clear, pmrmamm�t barrier Se likely to
reduce the opportunity for illegal sexual activity to
occur bet ..n Performers and patrons and reduce "a
possibility of the transmission of sexually transmitted
diseases between Performers and pmtronet
P. Requiring the entire interior portion of Individual
ViewjW Anne to be visible from aisles and public areas
Of the Adult Oriented Business Ss likely to reduce the
opportunity for illegal usual activity to occur within
the Individual Viewing Areal
G. Aeguiring areas within Adult Oriented Businesses to be
•
miniwAlly illuminated to ths standards contained in
Chapter 5.96 of the Newport Beach Municipal Cade is
likely to reduce the opportunity for the occurrence of
illegal sesual activity in dark portions of Adult
Oriented Businesses)
M. protiblting any physical contact between Performers and
patron of Adult oriented Businesses is likely to reduce
the opportunity for the oc... of illegal sexual
activity between patrons and performers;
f. prohibiting holes or openings betveen the interior mpaose
of Individual viewing Areas is likely to reduce the
opportunity for the occurrence of illegal sexual activity
hats an the occupants of Individual Viewing Ane ;
•
a. prohibiting tha occupancy of sore than one person in an
Individual Viewing Arms at any ties I. likely to reduce
the opportunity for the Individual Viewing Ana to be
used for illegal renal activity;
A. prohibiting parr... of Adult Oriented Moines... Iron
offering payments or gratuities and prohibiting
-6-
1 �
perforaers from accepting the ease is likely to reduce
the opportunity for illegal sexual activity to occur
between patron and Perfarmerml and
WHEREAS, sbile the City Council of the City of Hewport Been
desires to protect the rights conferred by the gaited States
•Constitution to Adult Oriented SusaneSees, it does so in a matunr
that Hoare, the continued and orderly development of property
Within the City and divinlshas, to the greatest -meet feasible,
those undesirable secondary ffect. Which the aforementioned
Studio have shown to be associated With the development and
operation of Adult Oriented Businesses, and
WHEREAS, it in not the intent of the City in adopting this
Ordinance to Suppress any activities protected by the first
Amendment, but ratio to enact a content neutral Ordicarn Which
addresses the Secondary effects Adult oriented Business as have on
Me City; and
WD R1EAB, the City staff has determined that tha proposed
asmndaente to this Chapter I0.76 are categorically exempt frog the
•raquireaentm of the California Emironantsl quality Act (eCEgA•)
under chapter 5 (ainor alteration, to land use limitation)* and
IRH:REAs, attar conducting a duly noticed public hearing on
I the planing Commission voted to recomend
approval of this Drainancq and
iN611EAet an , the City Council conducted
duly noticed public hearing an this ordinance, and received
testieony and inforestion from the public and City staff.
NOWT TBEREPUREI the City Council of the City of Newport Beach
hereby ordains as follw t
E,otien 1, Section 20.74.010 is hereby mended to road in its
• entirety as follows,
San. 20114.010 Detinitian,
no words end phrases used in this chapter shell be
govexnad by tie definitions contained in Chapter 5.96 of
Me Newport Mach Municipal coda.
Section at Section 20.74.020 is hereby mended to read in its
entirety an foilove:
—g—
Bec. 20.74.020 Plnddn..,IP-Cl$ments.
A. T Adult oriented Business shell be located
In the City-. C-0, C-1, C-r, AMC and MC
Districts and the commercial and industrial
ere.. of P-C Districts. With the exception of
industrial zoned districts, the underlying
•
lend use of the adult business east also
satisfy the land use requirements and devalop-
Want standards of the district in Which the
Adult oriented Business proposes to locate.
The above retains tan&ingf no Conditional use
permit shall be required for en Adult oriented
Business.
B. The Adult Oriented Business shall not be
located within one thousand (1000) feet of the
boundary of any residential sane or residen-
tial um approved by the City of NOWport
Soon.,
•
C. the Adult Oriented Business snail not be
located Within one thousand (1000) fast of any
lot upon which there Ss properly located a
religious institution, public beach or park,
School or City of Nevport Mach facility,
Including but at lieited to City Hall, and
Nevport Beach libraries, polity and fire
stations.,
D. The Adult Oriented Business shall not be
located within Sao feet of mother Adult
Oriented Basinea,.
E. Ths Adult oriented Business @ball Imply With
the City's parking standards for the under-
•
lying use. Where no objective City parking
standards exist for a particular underlying
M,ntm Nw 11.E ,- MIINIwe MCY�IIMSY uIn[nnlµ line
•Iqw[ wIq b Inteneln rttvtw x YInt1. Its W ptw,H Ile el . In n MIN W WI[
p: ^Y [calm. N.11 M lweN n tM mount py,n� anal tN lM yes N1Y 1[ IwM e W lMtle
s iM 1101[ M1llninMeewlmsitN[ tl twee b uin qe W Nlll b [wwl d lei [n\Ipt 11n Mwn W
imt Naf al wA w Nlavt q[N to Ineltnnln elnetwn w Yleb.
A
use, parking shall be provided at a ratio of
one space for wary 1.5 occupants based upon
the msainuM occupancy approved by the City of
Newport Beach tiro Departeent.
F. The Mult Oriented Susinns shall have
• obtained a permit in compliance with all
applicable rquiresents of Section 5.96 of the
Newport Beach municipal Code which is
incorporated herein by this reference.
Section 09 Sections 20.74.030, 20.74.040 and 20.74.045 are
hereby repealed and of no further force or effect.
Section 4: Section 2D.94.050 shall resafn unchanged.
Sectian 5t Tha city Clark of the City of Havport Beach shall
certify to the passage and adoption of this ordinance and the 1=0
shall be published ae required by law and shall take affect as
provided by law.
Sean,, 6t 2Tis ordlnsnee was introduced at a regular
Meeting of the city council of the City of Newport Basch, held on
• the llth day of JAY , 1994, and adopted on the 25th day of
Jul, , 1994, by the following Vote, to Vitt
AYES, COVNCIIMI®6p3 1®fip^. 6mY m.
V&T. Tmyi9 NNT. COS.yfmAy
NOES, COONCIIifElSIBN9 SONS
ABSENT COONCILBM88PB NDR
ATrESTt
poa'pogA
✓.wnme,von.w �4 4 p�
GUsoaH�
_y.
It �WkA!44
ORDINANCE 97-09
. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20
OF THE NEWPORT BEACH MUNICIPAL CODE TO CONDUCT A
COMPREHENSIVE UPDATE OF THE ZONING CODE
WHEREAS, the City of Newport Beach Zoning Code is not efficiently structured and contains
redundant, inconsistent, and antiquated language: and
WHEREAS, a comprehensive rewrite of the Zoning Code is necessary to correct these
deficiencies; and
WHEREAS, on October 9,1995, the City Council of the City of Newport Beach adopted a
resolution initiating this amendment to the Zoning Code of the City of Newport Beach.
WHEREAS, on July, 18, August 8, August 25, September 5, September 19, and October 10,
1996, the Planning Commission of the City of Newport Beach held public hearings regarding this
• amendment; and
WHEREAS, on February 10, 1997 and Much 10, 1997, the City Council of the City of
Newport Beach held a public hearing regarding this amendment; and
WHEREAS, the public was duly noticed of the public hearings; and
WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that
the previously certified Environmental Impact Report (EIR 140) prepared for the General Plan update
is adequate to serve as the environmental document for this project.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended to read as
provided in the "City of Newport Beach Zoning Code" identified as "Exhibit `A'" and dated March
Ord 97-9
24,1997.
• SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this
•
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same
shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on March 10,1997, and adopted on the 24th day of March 1997, by the following vote, to
wit:
ATTEST:
CITY CLERK
AYES, COUNCIL MEMBERS O'NEIL, THOMSON,
HEDGES, GLOVER, NOYES, MAYOR DEBAY
NOES, COUNCIL MEMBERS
NONE
ABSENT COUNCIL MEMBERS EDWARDS
MAYO
P
0
STATE OF CALIFORNIA }
COUNTY OF ORANGE } Be.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 97-9 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th
day of March, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Hedges, Glover, Noyes, and Mayor Debay
Noes: None
Absent: Edwards
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of March, 1997.
(Seal)
STATE C
COUNTY OF ORANGE I
CITY OF NEWPORT BEACH I
o'.�Q(/en ,, I11- t(�c at,
City Clerk of the City of
Newport Beach, California
:ERTIFICATE OF PUBLICATION
Be.
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 97-9 has been duly and regularly published according to law and the order
of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper
of general circulation on the following date, to wit: March 31, 1997.
In witness whereof, I have hereunto subscribed my name this 4th day of
April 1997.
City Clerk of the City of
Newport Beach, California
I
i
n
Psgc2pa6-[
Adult-0ricrsd 0uimesa
CIIAmR20.88
ADULT-0111 n11USVI]Wt S
Sections:
20.89010 Definitions
20.88020 Special Restrictions
20.88.030 Development Standards
20.88.010 Definitions
The words and phrases used in this chapter shall be governed by th a definitions contained in Chapter
5.96 of the Municipal Code.
20.88.020 Special Restrictions
A. permitted Districts. Adult -oriented businesses shall be permitted in the RMC and
RSCDisiddsandcommemala ofPCDistrids. With theexceptionofindustrial
disbic% theundedyingtand useafthe adult business must also satisfy the Ind use
requirements and development standards of the district in which the adult-oricnled
business proposes to hate. The above notwithstanding, no use permit shall be
required faran'sdultoriented business.
B. lncadnn Restrictions, The adult-orirnlcd businesses shall not be located:
I. within 500 fed ofthe boundary of my residential district or residential use,
approved by the City; or
2. Within 1000 feet of my lot upon which there is property located a religious
institution, public beach or park, school or City facility, including but not
limited to City Hall, and Newport Beach libraries, police and fire stations.
3. Within 500 fed of mother adult -oriented business.
4. The distance of separation shall be made using a straight line, without regard
to intervening structures or objecs, from the property line of the Im an which
the adult -oriented business shall be located to the nearest property line of the
lot upon which is located a residential use, religious institution, park or
school from which the measurement is being taken is located on the same lot
.. as the adult-c irntcd business, the distance between the two shall be _
measured in a straight I ine bdwee n the trust doors of each use withom rc lard
Pagc2oa&2
Ad.h-Orimcd Nuincun
to intervening structures or objects.
C. Permit Renuirod Adult-arientedbusmesses shall obtain a permit in compliancewith
all applicable requirements of Section 5.96 of the Municipal Code which is
incorporated heroin by this reliercnw.
20.88.030 Deveopmenl Standards
Adult -oriented businesses shall comply with the City's parking standards for the underlying use.
Where no objcdive City parking standards exist for a particular underlying use, parking shall be
provided at a ratio of one space for every 1.5 occupants baud upon the maximum occupancy
approved by the City of Newport Beach Fire Depanment.
I
I
I
9
Paye 20 re.-1
A&It-0nened Buiama
CIIAPf>:R20.88
AouLT-Oltt TDBBSINMO
Sections:
20.98.010 Definitions
20.88020 Special Restrictions
20.88030 Development Standards
20.88.010 Definitions
Thewords andphrasesusd in this chzptershail be governed bythe de0ntlionsmnlained in Chapter
5.96 of the Municipal Code.
20.88.020 Special Restrictions
A. permitted Districts.Adult-oriented businesses shall be permitted in the RMC and
RSCDistriasandmmmenialareasofPC Districts. With theaceptim ofiditurial
districts, the underlying land use ofthe adult business must also satisfy the land use
requirements and development standards ofthe district in which the adultarientd
business proposes to locate. The above notwithstanding, no use permit shall be
required fman adult-ariented business.
B. Incarinn Reuridinns. The adult -oriented businesses shall not be locatd:
1. Within 500 reel ofthe boundary army residential district or residential use
approved by the City; or
2. Within 1000 fed ofany lot upon which there is properly located a religious
institution, public beach or park, school or City facility, including but not
limited to City Nall, and Newport Beach libraries, police and fire stations.
3. Within 500 fen of anolhor adult-mientd business.
4. The distance ofseparuim shall be made using a straight line. without regard
to intervening struduta or objects, from the property lint of the Iw on which
the adult-odcntd business shall be towed to the newest property, line of the
lot upon which is located a residential use, religious institution, park or
school from which themeannement is beingtakrn is located on the same Ian
.. as the adult -oriented business, the distance between The Iw9 sh;dl be _
measured in astraight Iinebetween the front do rsofeach usewithom regard
Page20a&2
Ad It-Onaed Busineses
to intervening smictures or objects.
C. Pennh Rennirod Adult-odmledbusinm=stW]abtainapennitinmmplimmwith
all applicable nequirements of Swim 5.96 of the Municipal Code which is
incorporated herein by this reference.
20.88.030 Development Standards
Adult-oricnid businesses shall comply with the City's parking standards for The underlying use.
Where no objective City puking standards exist for a particular underlying use, parking shall be
provided at a rule of one space for every IS occupants based upon the masimum occupancy
approved by the City of Newport Beach Fie Department.
0
a
L-1
C
L T"
0 025 05 075 1 Miles
A-4
ADULT -ORIENTED BUSINESSES
4W Adult -Oriented Businesses Permitted on these
properties per section 20.88.020 of the
Newport Beach Municipal Code.
Adult -Oriented Businesses Prohibited in this area
per section 20.88.020 of the Newport Beach
Municipal Code.
/"\ - - I
City Boundary
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Properties Where Adult -Oriented Businesses Are Permitted
A_nbr
Addr�
3601
JAMBOREE RD_
1300
BRISTOL ST N
900
BRISTOL ST N
1000
BRISTOL ST N
4341
MACARTHUR BLVD
4250
BIRCH ST
4200
BIRCH ST
1660
DOVE ST
4343
MACARTHUR BLVD
4220
SCOTT DR
4881
BIRCH ST
4880
CAMPUS DR
4701
VON KARMAN AVE
151
NEWPORT CENTER
DR
551
NEWPORT CENTER
DR
601
NEWPORT CENTER
DR
591
NEWPORT CENTER
DR
401
NEWPORT CENTER
DR
367
NEWPORT CENTER
DR
453
NEWPORT CENTER
DR
701
NEWPORT CENTER
DR
221
NEWPORT CENTER
DR
101
NEWPORT CENTER
DR
1107
JAMBOREE RD
2121
BRISTOL ST
2111
BRISTOL ST
3520
IRVINE AVE
3530
IRVINE AVE
Suite Parcel_no _ _lag _ Gplan Zoning
15B 427 241 09
L4P_002
RSC
PC-1 1
342 01
L4Q_014
RSC
PC-11
427 241 03
L4Q_002
RSC
PC-11
427 241 04
L4Q_006
RSC
PC-11
E
L4F
006
RSC
PC-11
42717103
L4H_004
RSC
PC-11
42717102
L4H_002
RSC
PC-11
427172 03
L4J
018
RSC
PC-11
141_004
RSC
PC-11
427172 05
L4J_026
RSC
PC-11
44512107
L4A_018
RSC
PC-15
445121 11
L4A 014
RSC
PC-15
44512109
L4A_016
RSC
PC-15
L1G_004
RSC
PC-35
442 020 23
L1 G_038
RSC
PC-35
442 02013
L1 G
048
RSC
PC-35
442 020 28
L1 G_044
RSC
PC-35
9315 442 020 29
L1 G_040
RSC
PC-35
442 020 30
L1G_032
RSC
PC-35
L1G_036
RSC
PC-35
442 020 26
L1 G_046
RSC
PC-35
442 020 31
L1 G_030
RSC
PC-35
LIG_018
RSC
PC-35
440 132 40
K1 C_014
RSC
RSC
439 36215
J6E_002
RSC
RSC
439 36212
J6E_004
RSC
RSC
439 36211
J6E
006
RSC
RSC
439 362 10
J6E
008
RSC
RSC
o'.
105,91 ACRES (DOES NOT INCLUDE RIGHT OF WAY)
1000 FOOT BUFFER FROM SCHOOL
�13 alir
ile wvoA mia� Iron 5yatem
0 0
Adult Uses Ordinance
Showing Residential Areas
With 500 foot Buffer
I-I-
97.78 ACRES
— 500 FOOT BUFFER FROM RESIDENTIAL AREAS